13 CFR Part 134, Subpart J
Rules of Procedure for SDVO Status Protests and Appeals (SBA OHA)
In Plain English
When a competitor or contracting officer believes the apparent winner of an SDVOSB set-aside is not really a service-disabled veteran-owned small business, the challenge is an SDVOSB *status protest*. 13 CFR Part 134, Subpart J is the procedural rulebook for those protests and for appeals of SBA's eligibility determinations before the SBA Office of Hearings and Appeals (OHA). It defines who may protest, the filing deadline, what makes a protest specific enough to be heard, and how OHA decides — separate and distinct from a *size* protest or a Government Accountability Office bid protest.
Who It Applies To
- Disappointed offerors who want to challenge a competitor's SDVOSB status on a set-aside award.
- Contracting officers and SBA referring or initiating a status protest.
- Firms whose SDVOSB status is challenged and who must respond with eligibility evidence.
- Parties appealing an SBA SDVOSB eligibility determination to OHA.
Key Provisions
| Provision | What It Means |
|---|---|
| Who may protest | An interested party — generally an offeror the contracting officer has not eliminated from competition — may file a status protest, as may the contracting officer or SBA. |
| Timeliness | To be timely on a negotiated procurement, a status protest must be filed within five business days after notification of the apparent successful offeror; late protests are dismissed. |
| Specificity | The protest must be specific — it must state facts and allege how the challenged firm fails the ownership, control, or veteran-status requirements; mere speculation is dismissed. |
| Burden and decision | Eligibility is determined as of the date of the protest (and the offer); the challenged firm bears the burden of proving its SDVOSB status, and OHA issues a written decision. |
| Appeals | OHA hears appeals of SBA SDVOSB eligibility determinations under the subpart's procedures, providing the program's administrative due-process channel. |
Common Pitfalls
- Confusing a status protest (is the firm a valid SDVOSB?) with a size protest (is the firm small?) — they have different rules and are decided under different authority.
- Missing the short five-business-day filing window after notice of the apparent awardee.
- Filing a vague protest — OHA dismisses protests that do not allege specific facts.
- Assuming OHA handles bid protests over the award decision itself — those go to the agency, GAO, or the Court of Federal Claims, not OHA.
Frequently Asked
What is an SDVOSB status protest?
It is a challenge to whether the apparent winner of an SDVOSB set-aside is genuinely a service-disabled veteran-owned small business. The procedures live in 13 CFR Part 134, Subpart J, and the protest is decided by SBA's Office of Hearings and Appeals (OHA).
How long do I have to file an SDVOSB status protest?
On a negotiated procurement, a status protest generally must be filed within five business days after the contracting officer notifies offerors of the apparent successful offeror. Late protests are dismissed.
How is a status protest different from a size protest?
A status protest asks whether the firm is a valid SDVOSB (ownership, control, and veteran status); a size protest asks whether the firm is small under the procurement's NAICS code. They are governed by different rules and decided under different authority.
Primary Sources
Plain-English explainer, not legal advice. SDVOSB rules are still settling after the 2023 transfer of certification to the SBA, and federal acquisition dollar thresholds are periodically adjusted for inflation — verify current figures and procedures against the cited authority and your contracting officer before acting.
Change log (1)
- LaunchedPublished plain-English regulation explainers for 13 CFR Part 128 (VetCert), FAR Subpart 19.14, 13 CFR § 125.6 (limitations on subcontracting), 38 U.S.C. § 8127 (Veterans First), FAR 52.219-27, and 13 CFR Part 134 Subpart J (status protests) — each with a key-provisions table, common pitfalls, FAQPage and Legislation structured data, primary-source citations, and cross-links into the glossary, how-to guides, FAQ, and comparisons.